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Feb 09, 2006

Neither Poetry nor Bankruptcy Avoids Patent Infringement Damages

AIPLATalk055Hazelquist v. Guchi Moochie and Mr. Yamaguchi. (Fed. Cir. 2006).

It is now my dream to cite this case in open court:

DDC: “Your Honor, I would refer you to Guchi Moochi and Mr. Yamaguchi for controlling precedent.”
Court: “Quite compelling argument you have Counselor.”
Opposing Counsel: “Foiled again!”

To cite Guchi Moochi, you need a bankruptcy situation, and to be asking the court to collect post-bankruptcy damages:

DDC: “Under Guchi Moochi and Mr. Yamaguchi, although a discharge in bankruptcy operates as an injunction against a plaintiff asserting a claim for a cause of action that arose before the date of bankruptcy discharge, it does not act as an injunction against a plaintiff asserting a claim for a cause of action that arose after the date of bankruptcy discharge.”

Etc.:

  • Read the case: Link
  • cite as Dennis Crouch, Neither Poetry nor Bankruptcy Avoids Patent Infringement Damages, Patently-O, February 9, 2006, at http://www.patentlyo.com.

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